SECTION 46.2-1219.1. Regulation or prohibition of vehicular traffic on certain privately owned public parking areas and driveways; penalties  

The governing body of any county, city, or town may adopt an ordinance not in conflict with state law regulating or prohibiting the stopping, standing, parking, or flow of vehicles in parking areas or driveways of shopping centers and commercial office and apartment complexes. The ordinance shall be applied to and enforced in a specific center or commercial area upon application in writing by the owner or person in general charge of the operation of such area to the chief law-enforcement officer or other official designated by the ordinance for that purpose.

The provisions of any such ordinance shall be substantially as follows:

Cruising Ordinance.

No person shall drive or permit a motor vehicle under his care, custody, or control to be driven past a traffic control point three or more times within a two-hour period from 6:00 p.m. to 4:00 a.m. Monday through Sunday, in or around a posted no cruising area so as to contribute to traffic congestion; obstruction of streets, sidewalks, parking lots, or public vehicular areas; impediment of access to shopping centers or other buildings open to the public; or interference with the use of property or conduct of business in the area adjacent thereto.

At every point where a public street or alley becomes or provides ingress to a no-cruising area, there shall be posted a sign which designates "No-Cruising" areas and times.

"Traffic control point," as used in this section, means any point or points within the no-cruising area established by the local law-enforcement agency for the purpose of monitoring cruising.

No violations shall occur except upon the third passage past the same traffic control point within a two-hour period.

No area shall be designated or posted as a no-cruising area except upon the passage of a resolution by the local governing body specifically requiring such designation and posting for a particular area.

This ordinance shall not apply to in-service emergency vehicles, taxicabs for hire, buses, and other vehicles being used for business purposes.

Where there is a violation of any provision of this ordinance, a law-enforcement officer shall charge such violation on the uniform traffic summons form. The ordinance may further provide that any person violating the ordinance shall, upon conviction, be subject to a fine of twenty-five dollars.

Any person convicted of a second or subsequent violation of the ordinance may be punished by a fine of not less than $50 nor more than $100 for each succeeding violation. No assignment of demerit points shall be made under Article 19 (§ 46.2-489 et seq.) of this title for any violation of the ordinance.

1990, c. 891; 1993, c. 574.